Indian Penal Code, 1860, Section 498A, 323, 604, 506, 34, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of FIR - Allegations made in FIR and collection of evidence is not sufficient even at prima facie stage to attract ingredients of offence punishable u/s 498-A IPC - As regarding other offences, unless those other offences are shown which would amount..........
Will -- Proof of - No condition in S.63 of Succession Act, of affixing signature by attesting witness on direction of testator, much less as a mandatory requirement has been held to be necessary to make Will admissible in evidence...........
Will -- Proof of - Registered Will carries presumption of correctness that document is validly executed - If defendants have questioned the Will on the ground of fraud, it is for them to adduce convincing evidence to rebut said presumption...........
Will -- Suspicious circumstances - Relations between plaintiff and defendants were admitted by DW7 - One of attesting witnesses of Will is nephew of plaintiff/beneficiary of Will - Inference drawn by trial Court that attesting witnesses of Will are strangers to testator is misplaced - Reasons given by trial Court holding that Will is surrounded by suspicious circumstances..........
Evidence Act, 1872, Section 114(g) -- Adverse inference - Can be drawn only if there is withholding of evidence and not merely on account of failure to record the statement of persons whose houses are shown in the site plan...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Coloured photographs - No reason is forthcoming as to why photographs in question were neither included in the list of documents nor tendered in evidence during course of his evidence, particularly when same were in power and possession of plaintiff on the date of filing of suit - Conditions pre-requisite for invoking..........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Long complicated and confusing question was put to accused - Even though accused admitted such question, but in absence of substantive piece of evidence in Court regarding identification of accused, answer given by him cannot held to be sufficient to prove charges - Accused acquitted...........
Indian Penal Code, 1860, Section 363, 354(A)(i), 511, Protection of Children from Sexual Offences Act, 2012, Section 8 -- Kidnapping - Sexual assault - Identification of accused - Accused not identified by victim, her mother and her father - No substantive evidence regarding identification of accused in Court - No TIP was conducted in the case - Evidence of other witnesses..........
Civil Procedure Code, 1908, Section 151, Order 16, Rule 1 -- Summoning of witness - A witness cannot be summoned to let in evidence not supported by pleadings...........
Civil Procedure Code, 1908, Section 151, Order 16, Rule 1 -- Summoning of public servant as a witness - Dispute over immovable property - Courts not to ordinarily summon public servants to support the cause of one party unless Court itself is of the opinion that evidence of such public servant is required to adjudicate on the seriously disputed questions arising in the..........
